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STATE EX REL. STEVENSON v. KIRKPATRICK

No. 59529.

536 S.W.2d 740 (1976)

STATE ex rel. Gary E. STEVENSON, Plaintiff-Relator, v. James C. KIRKPATRICK, Secretary of State, and Vollie Hulsey, St. Francois County Clerk, Respondents, Joan Cox, Platte County Clerk, et al., Intervenors-Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied May 28, 1976.

Attorney(s) appearing for the Case

David L. Mayhugh, Gary E. Stevenson, Farmington, for relator.

Hugh C. Roberts, Jr., Farmington, John C. Danforth, Atty. Gen., B. J. Jones, C. B. Burns, Jr., Asst. Attys. Gen., for respondents.

Gary W. Fleming, Sedalia, Owens Lee Hull, Jr., Platte City, for intervenors-respondents.

DONNELLY, Judge.

This is mandamus.

This cause arose as a result of an assertion by Relator of the right to be a candidate for election in 1976 to the office of Prosecuting Attorney of St. Francois County. At the general election in 1974, Hugh C. Roberts, Jr. was elected Prosecuting Attorney of St. Francois County, Gary W. Fleming was elected Prosecuting Attorney of Pettis County, and Owens Lee Hull was elected Prosecuting Attorney of Platte County. The county...

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